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HomeMy WebLinkAboutCounty Council April 23 1991WHATCOM COUNTY COUNCIL Regular Meeting April 23, 1991 The meeting was called to order by Chairman Dan Warner at 7 p.m. in the Council Chambers, 1000 N. Forest Street, Suite 203, Bellingham. Present: Absent: Mary Vanderpol Marge Laidlaw Bob Imhof Don Hansey Emily Jackson Dennis Vander Yacht READING AND APPROVAL OF MINUTES There was a clarification in the minutes of the March 26 meeting as follows: Laidlaw said on page 2, second paragraph from the bottom and page 3, paragraph 1, Vanderpol gave a Finance opinion that was not necessarily the opinion of the rest of the committee. On page 5 of the April 2 meeting, the vote was 5 -1 not 6 -1 as one member was absent. The minutes of March 26 and April 2 were then accepted. ' EXECUTIVE SESSION DISCUSSION BUDGET & PROGRAM ANALYST POSITION (PER RCW 42.30.110 (G), TO EVALUATE QUALIFICATIONS OF APPLICANTS) (AB91 -036) HANSEY MOVED THE COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL MATTER. The motion carried unanimously. EXECUTIVE ITEMS Tom Sutberry, Deputy Administrator, explained the following items. 1. APPOINTMENTS TO THE MENTAL HEALTH ADVISORY BOARD (AB91 -152): NEW APPOINTMENT OF LYNDA NELSON, EFFECTIVE IMMEDIATELY AND ENDING ON 12/31/91, TO COMPLETE THE TERM OF A RESIGNED MEMBER NEW APPOINTMENT OF JAMES MCRANDLE TO A FIRST, FULL THREE -YEAR TERM TO RUN FROM 1/1/91 TO 12/31/93 NEW APPOINTMENT OF PATRICIA WOODALL TO A FIRST, FULL THREE -YEAR TERM TO RUN FROM 1/1/91 TO 12/31/91 The motion carried unanimously. 2. REPORT FROM JOHN TYLER, DEPUTY DIRECTOR OF PUBLIC WORKS, ON DEVELOPMENT STANDARDS (AB91 -153) John Tyler pointed out some of the areas in which there have been difficulties with enforcement. They used the same format as was used for uniform codes; Donovan Kehrer put this section together. When the Growth Management Act came along it was necessary to look at it again; it has required that there be some changes as short plats now have to be reviewed. There will be new standards mandated in 1993 so it was decided to incorporate these in the present study. He said they have spent many hours meeting with the other jurisdictions to determine what will need to be included. He said he hopes the draft will be ready in another few weeks. Tyler said there will be more standardization and easier to understand. The County hired a Water Resource Manager who is looking at all these aspects of water resources. He noted there had been a retreat on Lummi Island to study this. Many divisions in Public Works and Planning will be able to use this document. The flood effort delayed the document preparation. The document will be in final draft form on July 1, 1991 with a final document to be ready by mid July. The biggest weakness of all ordinances is enforcement. He mentioned a man who wanted to burn a barn but was advised he would need to get a permit from Northwest Air Pollution'Authority. The man just burned the barn, was cited and fined $50; if he had disposed of it properly it would have cost him approximately $1,000. Warner asked if potable water was included in this document. Tyler said part of BB 2929 states that a building permit cannot be issued if there is not enough potable water. Tyler discussed what items are covered in the new developmental standards. There has been no budget for this effort; the funds have come from the Buildings and Codes budget. 3. BID AWARD RECOMMENDATION FOR A SHERIFF PATROL BOAT, MOTOR AND TRAILER TO HAWLEY'S BOATS AND MOTORS FOR $16,387.76, INCLUDING SALES TAX (AB91 -154) Vanderpol reported Finance recommended approval. HE SO MOVED. The motion carried unanimously. 4. BID AWARD RECOMMENDATION FOR THE CONSTRUCTION OF EQUIPMENT STORAGE BUILDING AT CENTRAL SHOP TO POTTLE & SONS, INC., FOR $87,427.96 (AB91 -155) Vanderpol reported Finance recommended approval to Council. Minutes, 4/23/91, Page 2 HE SO MOVED. The motion carried unanimously. 5. BID AWARD RECOMMENDATION FOR THE DRY - DOCKING OF THE WHATCOM CHIEF TO LOW BIDDER, DUWAMISH SHIPYARD, INC., FOR $73,717 (ESTIMATED)(AB91 -156) Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 6. BID AWARD RECOMMENDATION FOR A BOAT CHARTER FOR TEMPORARY PASSENGER SERVICE TO LUM II ISLAND DURING DRY - DOCKING OF FERRY (AB91 -157) (BID OPENING TOOK PLACE AFTER THE AGENDA DEADLINE) Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 7. REQUEST FOR RESCISSION OF PREVIOUS BID AWARD FOR POLICE VEHICLE LIGHT BARS AND AUTHORIZATION TO OPEN NEW BIDS FOR SAME (AB91 -158) Sutberry reported there was a problem with this and recommended rescinding the previous bid. VANDERPOL MOVED TO RECOMMEND RESCINDING PREVIOUS BID AWARD TO COUNCIL. The motion carried unanimously. 8. BID AWARD RECOMMENDATION FOR POINT ROBERTS LANDFILL CLOSURE IMPROVEMENTS TO TLC EXCAVATION AND CONSTRUCTION OF PORT ANGELES FOR $173,383.99 (AB91 -159) VANDERPOL MOVED TO RECOMMEND APPROVAL TO COUNCIL. The motion carried unanimously. 9. EXECUTIVE'S REPORT Sutberry distributed the Buildings & Code report; there was no further report. Minutes, 4/23/91, Page 3 SPECIAL PRESENTATION 1. RECOGNITION OF TREASURER BARB CORY FOR RECEIPT OF AWARD (AB91 -163) Warner presented a state award to the Treasurer for the investment policies of Whatcom County. Barbara Cory said she was very pleased to receive this award for Whatcom County. Previously there were no written policies and procedures and with the failure of banks and loan companies, it was a priority for her department to get this written policy in place. She commended Debbie Carson, who handles investments in the Treasurer's office, Shirley Forslof, Auditor and Shirley Van Zanten, County Executive for their contribution to this effort. 2. PROCLAMATION OF MAY 16,1991 AS ALTERNATIVE TRANSPORTA- TION DAY (COUNCIL OF GOVERNMENTS (COG) REQUESTS PASSAGE OF A RESOLUTION) (AB91 -150) Mark Challendar said this was developed about a year ago by his staff. He encouraged everyone to take alternative transportation on May 16. COG will be serving coffee and donuts for 1200 people that day and there will also be free bus transportation. At noon there will be a brown bag lunch with the Coca Cola Band in attendance on the Library lawn. ARCO has challenged BP Oil to see how many of their employees can car- pool that day. The City Council has challenged the County Council to use alternate transportation. There was discussion about the alternate modes of travel that may be used. It was noted that the City Council members live in Bellingham but County Council members live in all areas of the County. Laidlaw moved approval of the resolution. The motion carried unanimously. OPEN SESSION Martin Keeley, 610 S. Beach Road, Point Roberts: Spoke about forest permit enforcement problems on the Point and the destruction of signs. He suggested that one of the possible alternatives would be if Engineering would get involved in this aspect since they are up there working on the roads. He hopes some of the new gas tax through the special district could be allocated to this issue. Darlyn Del Boca, 7208 Lankhaar Road: Regarding alternative transportation, she asked the County to close the Guide Meridian and the Hannegan for May 16 to all but public transportation and non - motorized vehicles. She would like to see a bicycle lane from Bellingham to the border. Please take action on surface mining where the state does allow county action. She recommended some books to Council Members. Harold Cory, President of Board of Directors of the Lynden Pioneer Museum: He thanked the members for their donation to the Museum. People from all states except Delaware went through the Museum last year. It has the finest collection of antique Minutes, 4/23/91, Page 4 buggies, homes, etc. There is a street called Memory Lane with ten small stores. Lawrence Gmeiner, Beckenridge Road in Everson: As a resident of Whatcom County he urged the Council to extend the moratorium on surface mining. He wants the Council to strengthen the mechanisms for local control for environmental measures and adequate reclamation. Dave Crocker, 1291 Lattimore Road: Said he is here to answer any questions on his appeal. He feels this will fill a need in the county. The only opposition is from folks operating businesses from their homes on his street. Bill Johnson, Fremont Street: He and another attorney own a building next to the Children's Museum. He said he would like to compete for business on an equal basis and wants a bid process. Johnson said he felt state law had not been followed. He would like a written answer as to how he is wrong. William Howard and Leanna: Homeless: Inviting one and all to the rally at the City Hall and the Courthouse. Wanted to express his deep gratitude for all the help they have received. Many people are homeless in this area and the shelter in the Sears building is closing on April 30th. He hopes there will be a safe atmosphere established so people can find solutions to their problems. Mary Masters, Homeless: Wondered if the County could give Nor -Bell to the homeless. There are many more people than there are facilities. Sherilyn Wells, 1020 Geneva: She submitted a letter and wants to reiterate that Mr. Bucsis bought his lots 12 years after the regulations were in place and should not expect it to be changed. She noted she had cited global warming as a possible effect on the Shorelines in her letter. The open session was closed. Council Member Don Hansey left the meeting. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE ORDERING THE CLOSURE OF ROBERTS ROAD BETWEEN MARTIN ROAD AND CENTRAL ROAD (AB91 -121) The public hearing was opened. Hubert Williams, 3851 Cedars, Deming: There has been a history of dumping in this area and there is a stream within 15 feet of where the garbage is being dumped. The stream is also a spawning area for fish. He said he had contacted many state agencies and expressed his fear of contamination. He said the tribe wants to do this in a civilized and legal matter. He also stated he is tired of people dumping on their land and laughing at them when they try to enforce the law. The Nooksack asks that there be cooperation between the tribe and other entities to clean this up after the road is closed. Minutes, 4/23/91, Page 5 Ched Peterson, 2818 Martin Road. He brought pictures of the area showing where someone had dumped seven dead calves on his property. He said he wants the road closed. Mary Branham, 2633 Central Road: She said the Branham family owns 20 acres that front on the Roberts Road. She is appalled at the dumping, but her main concern is that when they want to develop their property the barrier could be removed. Mark D. Richardson, 6103 Roberts Road: This isn't just a garbage problem; some of the substances he has seen are rat poison and chemicals from garages. He phoned the mayors of Lynden and Ferndale as well as the head of the water association in Lynden to alert them to this situation. There was opposition from fire districts but that has been alleviated by the breakaway structures. This will increase not decrease the property value. This is a tragedy to the Nooksack Tribal Lands; and the Nooksacks should be applauded for their efforts in cleaning this up and should be given all the help the County can. Jay Sampson, 5606 Mission Road: He said this is an unbelievable mess and it should be closed immediately. An unidentified Native American who spoke away from a microphone said the residents would welcome new homes being built in the area as this would help the situation. Warner noted that Genevieve Schiffler's concerns had been entered in the record. The public hearing was closed. IMHOF MOVED TO ADOPT THE ORDINANCE FOR THE CLOSURE OF THE ROAD BETWEEN MARTIN ROAD AND CENTRAL ROAD ON ROBERTS ROAD. VANDERPOL MOVED THE FOLLOWING AMENDMENT TO THE MOTION: AFTER EMERGENCY VEHICLES ON LINE 23 ADD "A MEANS OF ACCESS TO BE PROVIDED FOR PROPERTY OWNERS AND SHOULD A PROPERTY OWNER BUILD ON HIS PROPERTY THE ROAD WILL BE REOPENED TO PROVIDE READY ACCESS. Jackson said she is willing to close the road tonight providing the question of access will be looked into. Vander Yacht objects to the word "open ". He said if someone applies for a building permit the road would be opened and it may be back the way it is now. Vanderpol said that the words "to the extent necessary' need to be added. WARNER MOVED TO ADD THE FOLLOWING AMENDMENT TO THE END OF THE IMHOF MOTION, '"THE CLOSURE IS SUBJECT TO FURTHER CONSIDERATION FOR RE- ESTABLISHING ACCESS FOR AFFECTED PROPERTY OWNERS." Vanderpol said he would withdraw his amendment in favor of the Warner amendment. The amendment carried unanimously. Minutes, 4/23/91, Page 6 The motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION AMENDING RESOLUTION 82 -59 ...TO PROVIDE A HOOKUP TO THE NOR -BELL SEWER LINE FOR PYNOR'S MARKET AT THE INTERSECTION OF NORTHWEST AND SMITH ROADS (AB91 -144) Imhof explained this issue and reported the Public Service & Solid Waste Committee recommended it be approved. HE SO MOVED. The motion carried unanimously. 2. RESOLUTION TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A TWO -YEAR LEASE EXTENSION FOR OFFICE SPACE IN CIVIC CENTER (AB91 -124) Vanderpol reported Finance recommended approval to Council. HE SO MOVED. Prosecutor McEachran entered into an agreement with Mr. Clammer who owns the RDM building and it is a more satisfactory lease now. Warner said there was a long memo from McEachran on this issue. Jackson said she would not support it. The original lease was done without an open bid. She would like clarification that the Prosecuting Attorney did do this under proper public process; compounding a wrong does not clear up the first wrong. Jackson said the lease never came before the Council except as an item in the budget process. Warner asked Watts if he could comment; Watts said he was not prepared to speak on it. Imhof said she should have mentioned this two weeks ago; Jackson said her memo has been in the Prosecutor' hands for more than two weeks. Jackson said she felt it was inappropriate to pass this without a legal clarification. She stated she had indicated this would be reviewed by the Attorney General's office as it violates state law in her opinion. The motion carried 5 -1 with Jackson against. 3. ORDINANCE AUTHORIZING THE NORTHWEST WASHINGTON FAIR TO ENTER INTO SHORT -TERM INDEBTEDNESS FOR PROPERTY PURCHASE OF 1990 (AB91 -145) Vanderpol reported Finance recommended adoption. HE SO MOVED. The motion was carried 6 -0. Minutes, 4/23/91, Page 7 4. ORDINANCE REVISING THE 1991 CONVENTION CENTER FUND APPROPRIATION FOR CONTRIBUTION TO THE LYNDEN MUSEUM (AB91 -146) Warner stated this was a $12,500 appropriation from the Convention Center Fund with the same amount to be contributed next year for capital improvements to the Lynden museum. Vanderpol reported Finance recommended adoption of this item. HE SO MOVED. The motion was carried 6 -0. 5. ORDINANCE IMPOSING A PERMANENT MORATORIUM ON SURFACE MINING (AB91 -147; RELATED TO AB90 -443) The substitute ordinance was distributed. Laidlaw said there are two separate issues: one is what the State legislates with a longer moratorium; the second is what the County legislates with a shorter moratorium for on site processing, and for those parcels that are three acres or less. The Committee recommended adoption of the substitute ordinance. SHE SO MOVED. Vander Yacht said everything states moratorium on surface mining not on permits. JACKSON MOVED TO AMEND THE TITLE TO ADD THE WORD "PERMITS" AFTER "MINING." The amendment to the motion carried The motion to adopt the substitute ordinance carried unanimously. OTHER BUSINESS 1. DECISION TO HIRE COUNCH:S BUDGET & PROGRAM ANALYST (AB91- 036) This was discussed in Executive Session. 2. DISCUSSION OF DAN WARNER'S MEMO OF JAN. 31 REGARDING EMPLOYEE TRAINING PROGRAMS (AB91 -162) Warner said he discussed this item with Shirley Van Zanten and she agreed to have her staff review this. WARNER MOVED TO ASK THE EXECUTIVE TO REPORT ON THIS ISSUE IN TIME FOR BUDGET CONSIDERATION. The motion carried unanimously. Minutes, 4/23/91, Page 8 3. CONSIDERATION OFAPPEALOFHEARINGEXAMINER 'SDECISION ON SV20 -90 AND V22 -90, FILED BY ANTON AND ADRIENNE BUCSIS (AB91 -141) JACKSON MOVED TO OVERTURN THE HEARING EXAMINER BASED ON AN ERROR OF LAW AND OF FACT IN THE INTERPRETATION THAT THE SITE AS DESCRIBED IS SUITABLE FOR A SINGLE FAMILY DWELLING AND ALSO MOVED THAT THE STAFFS RECOMMENDATION BE UPHELD. The motion carried unanimously. 4. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON C.U. 54 -87, FILED BY ELDON DE JONG (AB91 -140) This item has been withdrawn from this agenda. 5. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION ON C.U. 43 -90, FILED BY DAVID CROCKER (AB91 -064) LAIDLAW MOVED TO UPHOLD THE HEARING EXAMINER ON THIS APPEAL. Vander Yacht said he supports the petitioner's request that he be given a permit as a cottage industry. The motion carried 5 -1 with Vander Yacht against. 6. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON C.U. 23 -90, FILED BY RON AND SHARON KREBS (AB91 -151) This appeal was received. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY REQUEST NOS. 60, 62 AND 63 (AB91 -067) 2. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY REQUEST NO. 61 (AB91- 068) Vanderpol asked that both the requests be considered together; he reported the Finance Committee recommended approval of both. HE SO MOVED. The motion carried unanimously. Minutes, 4/23/91, Page 9 3. *RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 60, 62 AND 63 (AB91 -067A) This item was received and will be referred to the appropriate committee. ADDENDUM 3a. RESOLUTION IN OPPOSITION TO ESHB 1378, REGARDING SUPERIOR COURT FEES (AB91 -166) Laidlaw explained this issue and reported Finance recommended approval of this resolution to oppose ESHB 1378 which would divert more of the fees and fines from the County to the State. SHE SO MOVED. The motion carried unanimously. 4. *RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 61 (AB91 -068A) 5. *ORDINANCE OF WHATCOM COUNTY, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL AND ROAD IMPROVEMENT DISTRICT NO. 10 BONDS OF THE COUNTY, IN ORDER TO FINANCE IMPROVEMENTS WITHIN LOCAL AND ROAD IMPROVEMENT DISTRICT NO. 10; AND FIXING THE DATE, INTEREST RATE, MATURITY, FORM, TERMS AND COVENANTS OF SAID BONDS; AND CONFIRMING THE SALE OF SAID BONDS (AB91- 160) (FINANCE) Items 4 and 5 were received and will be referred to the appropriate committee. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Administrative policies: Warner mentioned the resolution asking the administration to give copies of policies to the Council; the clerk was asked to have this put on the May 7 agenda. Council of Government (COG) Role: Laidlaw made it clear that Mike Brennan does not represent COG as stated by a lady from Ferndale but does represent the Chamber of Commerce. This lady has since been invited to participate in some COG activities. The Natural Heritage Task Force: Laidlaw said the second draft is now out and they will be having their own public hearing. There will be some tough decisions for the Council as the task force is asking for some specific actions to be implemented. The Joint Civic Association is getting close to promoting certain issues such as the courthouse construction outside the courthouse building. Minutes, 4/23/91, Page 10 Jurisdiction on off -site noise: Jackson mentioned jurisdiction on off -site noise control and asked that there be a discussion. Warner asked that noise issue be put on the next Committee of the Whole meeting. Washington State Association of Counties: Jackson said the conference in Kelso was great and it is our responsibility to host next year's conference. It has been suggested it be held in Semiahmoo and all the Council Members are asked to help with this project. Suggestion: Warner mentioned the suggestions from the suggestion box. Laidlaw said the Council could put an easel on the first floor to alert the public where District Court is located. Warner said it probably would be wise to ask the administration to do this. It was noted that the Council could get an award developed for people who have longevity working for the County. Warner said the Council should ask the Administration if there is a mechanism by which we could get a list showing the length of service of employees so awards might be presented to them. The meeting was adjourned at 10 p.m. ATTEST: e�Le�i B ara Maher, De uty Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON r Daniel M. Warner, Chairman Minutes, 4/23/91, Page 11